If you are stopped for suspicion of DUI in Denver, should you submit to a Breathalyzer?
In the State of Colorado, everyone who drives on Colorado roads is required to submit to a chemical test of their blood, breath, or urine. This is known as Colorado’s expressed consent law and not submitting to this test is a serious offense. If you refuse to submit to a chemical test to check for levels of drugs or alcohol, you will automatically lose your license for one year. For second refusals, you lose your license for two years. If you refuse to submit to a chemical test for a third time, then you will lose your license for three years.
It is also important to note, that if you refuse to submit to a chemical test, then there is little your Denver DUI defense attorney can do to get your license back. Courts view refusing a chemical test as a form of obstruction of justice and look harshly on individuals who do this.
If you think that refusing to take a Breathalyzer will prevent being convicted of a DUI, think again. You can still be found guilty of DUI even if you refused to take a chemical test, such as a Breathalyzer. The prosecutor will likely use your refusal as evidence that you knew you were intoxicated and therefore should be guilty of DUI.
Refusing to take a Breathalyzer
While the law states that you must submit to a chemical test, it does not state that you must submit to a handheld Breathalyzer test. These tests are wildly inaccurate and often performed incorrectly. This often leads to false positives and can lead to DUI convictions of innocent people.
You can refuse to take the Breathalyzer and ask for a chemical blood test instead. These tests must be performed in a hospital or clinic and it will give your Denver DUI attorney more specific information with which to build your defense. In many cases, blood tests are contaminated or drawn too late. Your attorney can use these facts to have the DUI charges against you dismissed or reduced.
If you are arrested and charged with DUI in Denver and police officers refuse to let you take a chemical blood test, it is important that you ask to speak to your lawyer immediately. A Denver DUI defense attorney can protect your rights and ensure that you are not intimidated into incriminating yourself.
If you have been arrested for DUI in Denver, contact the Denver criminal defense lawyers at Steven Louth Law Offices today for a free consultation and review of your case. Call us at (303)422-2297 to start building a solid defense against these serious criminal charges.